"In my view there is no need for the FCC to do anything at this point other than engage in watching waiting concerning Internet marketplace developments. But assuming that Chairman Tom Wheeler is moving forward with some new net neutrality proposal, and assuming the accuracy of the press reports, there appear to be elements in his proposal that may mitigate the otherwise potential harmful effects of unnecessary government intervention.

If the Commission adopts a standard of 'commercially reasonable terms' that is somewhat flexible, rather than 'discrimination,' in assessing the lawfulness of differentiated broadband Internet offerings, this would be far preferable than reliance on the traditional common carrier non-discrimination standard. And if the proposal indicates that the Commission will act on a case-by-case basis in response to individual complaints containing specific allegations of consumer harm, this too would be a positive step. Finally, if the Commission steers clear of applying net neutrality rules to wireless providers, then this also would be positive.